Section 54 FCRA 2010: Repeal and Saving
Section 54 of the Foreign Contribution (Regulation) Act, 2010 repeals the Foreign Contribution (Regulation) Act, 1976 while preserving specified actions, permissions, prohibitions and orders made under the earlier law. It also preserves the wider effect of Section 6 of the General Clauses Act, 1897.
Text of Section 54 of the Foreign Contribution (Regulation) Act, 2010
54. Repeal and saving.
(1) The Foreign Contribution (Regulation) Act, 1976 (49 of 1976) (hereafter referred to as the repealed Act) is hereby repealed.
(2) Notwithstanding such repeal,-
(a) anything done or any action taken or purported to have been done or taken under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act;
(b) any organisation of a political nature, not being a political party, to whom the prior permission was granted under section 5 of the repealed Act, shall continue to be the organisation of a political nature, not being a political party, under clause (f) of sub-section (1) of section 3 of this Act, till such permission is withdrawn by the Central Government;
(c) permission to accept foreign hospitality granted under section 9 of the repealed Act shall be deemed to be the permission granted under section 6 of this Act until such permission is withdrawn by the Central Government;
(d) any association prohibited from accepting any foreign contribution under clause (a) of section 10 of the repealed Act, in so far as it is not inconsistent with the provisions of this Act, shall be deemed to be an association prohibited from accepting any foreign contribution under section 9 of this Act;
(e) permission obtained under clause (b) of section 10 of the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to be the permission until such permission is withdrawn by the Central Government;
(f) any order issued under section 12 of the repealed Act shall be deemed to be an order issued under section 10 of this Act;
(g) any order issued under section 31 of the repealed Act exempting any association or any individual shall be deemed to be an order under section 50 of this Act till such order is varied or revoked.
(3) Save as provided in sub-section (2), mention of particular matters in that sub-section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal.
What Section 54 means
A repeal provision ends the operation of an earlier enactment from the relevant point of repeal. A saving provision prevents the repeal from unnecessarily disturbing specified legal consequences that arose under the earlier law. Section 54 performs both functions: subsection (1) repeals the 1976 Act, while subsections (2) and (3) preserve continuity.
Section 54(1): repeal of the FCRA 1976
Subsection (1) expressly repeals the Foreign Contribution (Regulation) Act, 1976. The Foreign Contribution (Regulation) Act, 2010 came into force on 1 May 2011 and became the principal FCRA legislation governing foreign contribution and foreign hospitality, subject to subsequent amendments, rules, notifications and orders.
Section 54(2)(a): continuity of actions already taken
Acts or actions taken, or purportedly taken, under the repealed law are treated as actions under the corresponding provisions of the 2010 Act to the extent that they are not inconsistent with the 2010 Act. This clause is a general transitional bridge between the two statutes.
Section 54(2)(b): organisations of a political nature
An organisation of a political nature, other than a political party, that had prior permission under Section 5 of the repealed Act continues to be treated as an organisation of a political nature under Section 3(1)(f) of the 2010 Act until the Central Government withdraws that permission.
Section 54(2)(c): permission for foreign hospitality
A permission to accept foreign hospitality granted under Section 9 of the 1976 Act is treated as permission under Section 6 of the 2010 Act until withdrawn by the Central Government.
Section 54(2)(d) and (e): prohibitions and permissions
Subsection (2)(d) carries forward a prohibition imposed under Section 10(a) of the repealed Act, so far as it is consistent with the 2010 Act, as a prohibition under Section 9 of the 2010 Act. Subsection (2)(e) similarly preserves a permission obtained under Section 10(b) of the repealed Act, subject to consistency with the 2010 Act and until withdrawal by the Central Government.
Section 54(2)(f) and (g): saved orders and exemptions
An order issued under Section 12 of the repealed Act is treated as an order under Section 10 of the 2010 Act. An exemption order under Section 31 of the repealed Act is treated as an order under Section 50 of the 2010 Act until it is varied or revoked.
Section 54(3) and Section 6 of the General Clauses Act, 1897
Subsection (3) makes clear that the specific savings listed in subsection (2) do not cut down the general operation of Section 6 of the General Clauses Act, 1897. In general terms, Section 6 addresses the legal effect of repeal and, unless a different intention appears, protects matters such as the previous operation of the repealed enactment, accrued rights or liabilities, penalties incurred, and legal proceedings or remedies relating to such matters.
Key points for FCRA compliance
- The FCRA 1976 was expressly repealed by Section 54(1) of the FCRA 2010.
- Specified actions, permissions, prohibitions and orders under the repealed law continue through the deeming provisions in Section 54(2).
- Several savings operate only so far as the earlier action is not inconsistent with the FCRA 2010.
- Section 54(3) preserves the general effect of Section 6 of the General Clauses Act, 1897.
- Current compliance should be checked against the FCRA 2010 as amended, the Foreign Contribution (Regulation) Rules, 2011, and current Central Government notifications, orders and official FCRA portal instructions.